Potential Benefits and Implications of the Executive Order
President Donald Trump’s Emergency Order addressing English proficiency for truck drivers could lead to safer roads and better alignment between freight demand and trucking capacity. However, carriers should be prepared for operational and cost-related changes that may arise as a result.
The order’s importance grew when the Commercial Vehicle Safety Alliance decided to reinstate a mandate effective June 25. This mandate will keep drivers out of service (OOS) if they are unable to demonstrate adequate English skills to safety officials.
“Drivers who do not meet the English proficiency requirement during roadside assessments will face immediate placement out of service,” stated Chris Eckhart, a partner at Scopelitis law firm focusing on Department of Transportation compliance in a conversation with FreightWaves.
Regulatory and Operational Responsibilities for Companies
Companies are now tasked with ensuring their drivers comply with federal regulations, which now include a new focus on English proficiency as part of hiring and retention policies. Xiao Wang, CEO of Boundless immigration services, emphasized in a FreightWaves interview that failing to adhere to these rules could lead to drivers losing their commercial driving privileges, affecting operational capabilities.
Wang urged trucking firms employing foreign drivers under H-2B (temporary, nonagricultural workers) or EB-3 (visas for long-term employment) programs to review their hiring and training practices for compliance. “Noncompliance could result in drivers being placed out of service, which in turn can disrupt delivery schedules and operational efficiency,” he warned.
Investment in Language Training
With the new requirement for all drivers, regardless of visa status, to meet English proficiency, companies might benefit from investing in language training programs. Wang noted that advances in AI tools have made large-scale language training more affordable for employers. However, he acknowledged that implementing such programs for a fleet of drivers poses its own challenges.
Increased Scrutiny by FMCSA
In addition to the English proficiency requirements, Trump’s executive order also directs the Federal Motor Carrier Safety Administration (FMCSA) to enhance oversight of state-issued non-domiciled CDLs that are given to foreign drivers in the U.S. The FMCSA aims to discover patterns or anomalies associated with these licenses, as well as improve the verification processes for both domestic and non-domiciled CDLs.
Eckhart clarified that while having a non-domiciled CDL is legal, there has been a noticeable increase in their issuance. The FMCSA lacks comprehensive data on this trend, prompting the administration to push for better management of which states are issuing these licenses and whether they are being issued inappropriately.
Furthermore, fraudulent domestic CDLs have raised concerns due to insufficient enforcement and challenges with motor carriers, especially those linked to Texas, leading to notable safety issues. The executive order seeks to address these complications within the trucking industry.
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